Boatmen's Bank of Benton v. Durham

Boatmen’s Bank of Benton (Boatmen’s Bank) filed a complaint to collect amounts due on a $20,000 note executed by James Durham in September 1985. Durham raised defenses and filed counterclaims based on previous transactions involving a note executed by Durham in 1978. Boatmen’s Bank filed a motion for summary judgment, which was granted by the trial court. Durham appeals. We affirm.

Summary judgment will lie only where there exists no genuine issue as to any material fact and the moving party is entitled to judgment as a matter of law. (Ill. Rev. Stat. 1989, ch. 110, par. 2— 1005.) The primary…